Frequently Asked Questions

Can you sue your employer in South Carolina?

Can you sue your employer in South Carolina?

An employee that suffers an injury or illness while on-the-job must notify their employer with 90 days of the incident. An injured employee may need to seek medical treatment as well as miss days from work. However, the employee cannot sue the employer for work-related injury or illness. Under South Carolina Workers’ Compensation law, the employee may seek compensation and benefits for their accident through the South Carolina Workers’ Compensation Commission (WCC). The WCC is the exclusive remedy for compensation for a work injury or death. Therefore, an employee cannot directly sue their employer for a work injury. Instead, an injured employee has the option to file a workers’ compensation claim and receive benefits from their employer’s workers’ compensation insurance.

Although the employee cannot sue their employer for a worker’s compensation claim, they may be able to sue for unlawful treatment arising out of the claim. If an employee receives a discharge or demotion because they filed a workers’ compensation claim, that may be considered as a retaliatory discharge or demotion. South Carolina law prohibits an employer from discharging or demoting an employee for filing a worker’s compensation claim or participating in a worker’s compensation proceeding. If that happens, however, an employee can file a lawsuit directly against the employer. They are entitled to compensation for lost wages and reinstation to their former position. The employee has to burden to proof that their termination or demotion was only due to their filing or participating in a workers’ compensation claim against the employer. The statute of limitations to bring the lawsuit for an employment retaliatory discharge or demotion is one year from the date of the discharge or demotion.

Other Workers’ Compensation FAQs:

Can you sue your employer in South Carolina?

An employee that suffers an injury or illness while on-the-job must notify their employer with 90 days of the incident. An injured employee may need to seek medical treatment as well as miss days from work. However, the employee cannot sue the employer for work-related injury or illness. Under South Carolina Workers’ Compensation law, the employee may seek compensation and benefits for their accident through the South Carolina Workers’ Compensation Commission (WCC). The WCC is the exclusive remedy for compensation for a work injury or death. Therefore, an employee cannot directly sue their employer for a work injury. Instead, an injured employee has the option to file a workers’ compensation claim and receive benefits from their employer’s workers’ compensation insurance.

Although the employee cannot sue their employer for a worker’s compensation claim, they may be able to sue for unlawful treatment arising out of the claim. If an employee receives a discharge or demotion because they filed a workers’ compensation claim, that may be considered as a retaliatory discharge or demotion. South Carolina law prohibits an employer from discharging or demoting an employee for filing a worker’s compensation claim or participating in a worker’s compensation proceeding. If that happens, however, an employee can file a lawsuit directly against the employer. They are entitled to compensation for lost wages and reinstation to their former position. The employee has to burden to proof that their termination or demotion was only due to their filing or participating in a workers’ compensation claim against the employer. The statute of limitations to bring the lawsuit for an employment retaliatory discharge or demotion is one year from the date of the discharge or demotion.

Other Workers’ Compensation FAQs:

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